North Carolina Statutes

Chapter 131E Health Care Facilities and Services

Article 1 - General Provisions.

Article 2 - Public Hospitals.

  • § 131E-5   Title and purpose
    (a) This Part shall be known and may be cited as the "Municipal Hospital Act." (b) The purpose of this Part is to authorize municipalities...
  • § 131E-6   Definitions
    As used in this Part, unless otherwise specified: (1) "City", as defined in G.S. 160A‑1(2), means a municipal corporation organized under the laws of this...
  • § 131E-7   General powers
    (a) A municipality shall have all the powers necessary or convenient to carry out the purposes of this Part, including the following powers, which are...
  • § 131E-7.1   Public hospitals' managed care development authorized
    A public hospital as defined in G.S. 159‑39(a) may acquire an ownership interest, in whole or in part, in a nonprofit or for‑profit managed care...
  • § 131E-8   Sale of hospital facilities to nonprofit corporations
    (a) A municipality as defined in G.S. 131E‑6(5) or hospital authority as defined in G.S. 131E‑16(14), upon such terms and conditions as it deems wise,...
  • § 131E-8.1   Maintenance of Health Education Facilities
    (a) This section shall apply to all sales and leases of a hospital facility by a municipality or hospital authority where any portion of the...
  • § 131E-9   Governing authority of hospital facilities
    (a) The governing body of a municipality may establish by resolution an office, board, or other municipal agency to plan, establish, construct, maintain, or operate...
  • § 131E-10   Condemnation
    Every municipality is authorized to condemn property to carry out the purposes of this Part. In condemning property, a municipality shall proceed in the manner...
  • § 131E-11   Federal and State aid
    Every municipality or nonprofit association is authorized to accept and disburse federal and State moneys, whether made available by grant, loan, gift or devise, to...
  • § 131E-12   Public purposes
    The exercise of the powers, privileges, and authorities conferred on municipalities by this Part are public and government functions, exercised for a public purpose and...
  • § 131E-13   Lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other business entities by municipalities and hospital authorities
    (a) A municipality or hospital authority as defined in G.S. 131E‑16(14), may lease, sell, or convey any hospital facility, or part, to a corporation, foreign...
  • § 131E-14   Lease or sale of hospital facilities to certain nonprofit corporations
    If a municipality or hospital authority leases, sells, or conveys a hospital facility, or part, to a nonprofit corporation of which a majority of voting...
  • § 131E-14.1   Branch facilities
    Notwithstanding anything in this Article, any municipality owning and operating a hospital organized under the provisions of this Part or Part 3 or any nonprofit...
  • § 131E-14.2   Conflict of interest
    (a) No member of the board of directors or employee of a public hospital, as defined in G.S. 159‑39(a), or that person's spouse shall do...
  • § 131E-15   Title and purpose
    (a) This Part shall be known as the "Hospital Authorities Act." (b) The General Assembly finds and declares that in order to protect the public...
  • § 131E-16   Definitions
    As used in this Part, unless otherwise specified: (1) "Board of county commissioners" means the legislative body charged with governing the county. (2) "Bonds" means...
  • § 131E-17   Creation of a hospital authority
    (a) A hospital authority may be created whenever a city council or a county board of commissioners finds and adopts a resolution finding that it...
  • § 131E-18   Commissioners
    (a) The mayor or the chairman of the county board shall appoint the commissioners of the authority. There shall be not less than six and...
  • § 131E-19   Incorporation of a hospital authority
    (a) After the commissioners are appointed, they shall present to the Secretary of State an application for incorporation as a hospital authority. The application shall...
  • § 131E-20   Boundaries of the authority
    (a) The territorial boundaries of a hospital authority shall include the city or county creating the authority and the area within 10 miles from the...
  • § 131E-21   Conflict of interest
    (a) No commissioner or employee of the hospital authority or that person's spouse shall do either of the following: (1) Acquire any interest, direct or...
  • § 131E-22   Removal of commissioners
    (a) The appointing authority, as stated in G.S. 131E‑18, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office. A commissioner may...
  • § 131E-23   Powers of the authority
    (a) An authority shall have all powers necessary or convenient to carry out the purposes of this Part, including the following powers, which are in...
  • § 131E-24   Eminent domain
    (a) A hospital authority may acquire by eminent domain any real property, including fixtures and improvements, which it deems necessary to carry out the purposes...
  • § 131E-25   Zoning and building laws
    All hospital facilities of the authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in...
  • § 131E-26   Revenue bonds and notes
    (a) A hospital authority shall have the power to issue revenue bonds under the Local Government Revenue Bond Act, Chapter 159 of the General Statutes,...
  • § 131E-27   Contracts with federal government
    A hospital authority is authorized: (1) To borrow money and accept grants from the federal government for or to aid in the construction of a...
  • § 131E-28   Tax exemptions
    (a) Hospital authorities shall be exempt from the payment of taxes or fees to the State or any of its subdivisions, or to any officer...
  • § 131E-29   Audits and recommendations
    Each hospital authority shall file with the mayor of the city or the chairman of the county board of commissioners at least annually an audit...
  • § 131E-30   Appropriations
    Each year the governing body of a city or county in which the hospital authority is located may appropriate and transfer funds to the authority....
  • § 131E-31   Transfers of property by a city or county to a hospital authority
    (a) A city or county may lease, sell, convey, or otherwise transfer, with or without consideration or with nominal consideration, any property, whether real or...
  • § 131E-32   Purchase money security interests
    (a) An authority shall have the power and authority to purchase real or personal property under installment contracts, purchase money mortgages or deeds of trust,...
  • § 131E-33   Part controlling
    Insofar as the provisions of this Part are inconsistent with the provisions of any other law, the provisions of this Part shall be controlling; however...
  • § 131E-34   Part applicable to City of High Point
    All the provisions of this Part shall apply to the City of High Point, Guilford County, North Carolina, as fully as if the population of...
  • § 131E-35 through 131E-39   Reserved for future codification purposes
  • § 131E-40   Title and purpose
    (a) This Part shall be known as the "Hospital District Act." (b) It is the purpose of this Part to authorize the creation of hospital...
  • § 131E-41   Methods of creation of a hospital district
    (a) The voters of an area may petition their county board of commissioners and the North Carolina Medical Care Commission for the creation of a...
  • § 131E-42   Hearing and determination
    (a) After receipt of a petition for the creation of a hospital district that meets the requirements of G.S. 131E‑41(a) and that has been approved...
  • § 131E-43   Limitation of actions
    Any action or proceeding in any court to set aside a resolution of the North Carolina Medical Care Commission creating any hospital district, or questioning...
  • § 131E-44   General powers
    (a) The inhabitants of a hospital district are a body corporate and politic by the name specified by the North Carolina Medical Care Commission. Under...
  • § 131E-45   County taxes
    The county board of commissioners may levy a tax for the financing of the operation, equipment, and maintenance of any hospital operated by the district,...
  • § 131E-46   Referendum on repeal of tax levy
    (a) The board of commissioners of the county in which a hospital district was created under the provisions of this Part may, if a tax...
  • § 131E-47   Governing body
    The board of county commissioners of the county in which a hospital district is located shall be the governing body of the district. All of...
  • § 131E-47.1   Limited liability
    (a) A person serving as a director, trustee, or officer of a public hospital as defined in G.S. 159‑39, or as a commissioner, member, or...

Article 2A - Garnishment for Debts Owed Public Hospitals.

Article 3 - North Carolina Specialty Hospitals.

Article 4 - Construction and Enlargement of Hospitals.

Article 5 - Hospital Licensure Act.

  • § 131E-75   Title; purpose
    (a) This Article shall be known as the "Hospital Licensure Act." (b) The purpose of this article is to establish hospital licensing requirements which promote...
  • § 131E-76   Definitions
    As used in this article, unless otherwise specified: (1) "Commission" means the North Carolina Medical Care Commission. (1a) "Critical access hospital" means a hospital which...
  • § 131E-77   Licensure requirement
    (a) No person or governmental unit shall establish or operate a hospital in this state without a license. An infirmary is not required to obtain...
  • § 131E-78   Adverse action on a license
    (a) The Department shall have the authority to deny, suspend, revoke, annul, withdraw, recall, cancel, or amend a license in any case when it finds...
  • § 131E-79   Rules and enforcement
    (a) The Commission shall promulgate rules necessary to implement this Article. (b) The Department shall enforce this Article and the rules of the Commission. (1947,...
  • § 131E-79.1   Counseling patients regarding prescriptions
    (a) Any hospital or other health care facility licensed pursuant to this Chapter or Chapter 122C of the General Statutes, health maintenance organization, local health...
  • § 131E-80   Inspections
    (a) The Department shall make or cause to be made inspections as it may deem necessary. Any hospital licensed under this Part shall at all...
  • § 131E-81   Penalties
    (a) Any person establishing, conducting, managing, or operating any hospital without a license shall be guilty of a Class 3 misdemeanor, and upon conviction shall...
  • § 131E-82   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name...
  • § 131E-83   Temporary change of hospital bed capacity
    A hospital may temporarily increase its bed capacity by up to ten percent (10%) over its licensed bed capacity by utilizing observation beds for hospital...
  • § 131E-84   Waiver of rules for hospitals that provide temporary shelter or temporary services during a disaster or emergency
    (a) The Division of Health Service Regulation may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the...
  • § 131E-85   Hospital privileges and procedures
    (a) The granting or denial of privileges to practice in hospitals to physicians licensed under Chapter 90 of the General Statutes, Article 1, dentists, optometrists,...
  • § 131E-86   Limited privileges
    (a) It shall be unlawful for an individual who is not licensed under Chapter 90 of the General Statutes, Article 1, to admit a patient...
  • § 131E-87   Reports of disciplinary action; immunity from liability
    The chief administrative officer of each licensed hospital in the State shall report to the appropriate occupational licensing board the details, as prescribed by the...
  • § 131E-88   Reserved for future codification purposes
  • § 131E-89   Reserved for future codification purposes
  • § 131E-90   Authority of administrator; refusal to leave after discharge
    The case of a patient who refuses or fails to leave the hospital upon discharge by the attending physician shall be reviewed by two physicians...
  • § 131E-91   Itemized charges on discharged patient's bill
    All hospitals and ambulatory surgical facilities licensed pursuant to this Chapter shall, upon request of the patient within 30 days of discharge, present an itemized...
  • § 131E-92   Reserved for future codification purposes
  • § 131E-93   Reserved for future codification purposes
  • § 131E-94   Reserved for future codification purposes
  • § 131E-95   Medical review committee
    (a) A member of a duly appointed medical review committee who acts without malice or fraud shall not be subject to liability for damages in...
  • § 131E-96   Risk management programs
    (a) Each hospital shall develop and maintain a risk management program which is designed to identify, analyze, evaluate, and manage risks of injury to patients,...
  • § 131E-97   Confidentiality of patient information
    (a) Medical records compiled and maintained by health care facilities in connection with the admission, treatment, and discharge of individual patients are not public records...
  • § 131E-97.1   Confidentiality of personnel information
    (a) Except as provided in subsection (b) of this section, the personnel files of employees or former employees, and the files of applicants for employment...
  • § 131E-97.2   Confidentiality of credentialing information
    Information acquired by a public hospital, as defined in G.S. 159‑39, a hospital that has been sold or conveyed pursuant to G.S. 131E‑8, a State‑owned...
  • § 131E-97.3   Confidentiality of competitive health care information
    (a) For the purposes of this section, competitive health care information means information relating to competitive health care activities by or on behalf of hospitals...
  • § 131E-98   Inmate medical records
    Notwithstanding any other provision of law, a hospital does not breach patient confidentiality by providing the Department of Correction with the medical records of inmates...
  • § 131E-99   Confidentiality of health care contracts
    The financial terms and other competitive health care information directly related to the financial terms in a health care services contract between a hospital or...

Article 6 - Health Care Facility Licensure Act.

  • § 131E-100   Title; purpose
    (a) This Part shall be known as the "Nursing Home Licensure Act." (b) The purpose of the Nursing Home Licensure Act is to establish authority...
  • § 131E-101   Definitions
    As used in this Part, unless otherwise specified: (1) "Adult care home", as distinguished from a nursing home, means a facility operated as a part...
  • § 131E-102   Licensure requirements
    (a) No person shall operate a nursing home without a license obtained from the Department. Any person may operate a nursing home or a combination...
  • § 131E-103   Adverse action on a license
    (a) Subject to subsection (b), the Department shall have the authority to deny a new or renewal application for a license, and to amend, recall,...
  • § 131E-104   Rules and enforcement
    (a) The Commission is authorized to adopt, amend, and repeal all rules necessary for the implementation of this Part. (b) The Commission shall adopt rules...
  • § 131E-105   Inspections
    (a) The Department shall inspect any nursing home and any adult care home operated as a part of a nursing home in accordance with rules...
  • § 131E-106   Evaluation of residents in adult care homes
    The Department shall prescribe the method of evaluation of residents in the adult care portion of a combination home in order to determine when any...
  • § 131E-107   Quality assurance, medical, or peer review committees
    (a) A member of a duly appointed quality assurance, medical or peer review committee shall not be subject to liability for damages in any civil...
  • § 131E-108   Peer review
    It is not a violation of G.S. 131E‑117(5) for medical records to be disclosed to a private peer review committee if: (1) The peer review...
  • § 131E-109   Penalties
    (a) Any person establishing, conducting, managing or operating any nursing home without a license shall be guilty of a Class 3 misdemeanor, and upon conviction...
  • § 131E-111   Recodified as 131E-255 by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(a), as amended by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(b)
  • § 131E-112   Waiver of rules for health care facilities that provide temporary shelter or temporary services during a disaster or emergency
    (a) The Division of Health Service Regulation may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the...
  • § 131E-113   Immunization of employees and residents
    (a) Except as provided in subsection (e) of this section, a nursing home licensed under this Part shall require residents and employees to be immunized...
  • § 131E-114   Special care units; disclosure of information required
    (a) A nursing home or combination home licensed under this Part that provides special care for persons with Alzheimer's disease or other dementias in a...
  • § 131E-114.1   Posting of information indicating number of staff on duty
    Every nursing home subject to licensure under this Part shall post in a conspicuous place in the nursing home information about required staffing that enables...
  • § 131E-114.2   Use of medication aides to perform technical aspects of medication administration
    (a) Facilities licensed and medication administration services provided under this Part may utilize medication aides to perform the technical aspects of medication administration consistent with...
  • § 131E-114.3   Smoking prohibited inside long-term care facilities; penalty
    (a) Except to the extent otherwise provided by federal law, smoking is prohibited inside long‑term care facilities. As used in this section: (1) "Long‑term care...
  • § 131E-115   Legislative intent
    It is the intent of the General Assembly to promote the interests and well‑being of the patients in nursing homes and adult care homes licensed...
  • § 131E-116   Definitions
    As used in this Part, unless otherwise specified: (1) "Administrator" means an administrator of a facility. (1a) "Commission" means the North Carolina Medical Care Commission....
  • § 131E-117   Declaration of patient's rights
    All facilities shall treat their patients in accordance with the provisions of this Part. Every patient shall have the following rights: (1) To be treated...
  • § 131E-118   Transfer of management responsibilities
    The patient's representative who has been given the power in writing by the patient to manage the patient's financial affairs or the patient's legal guardian...
  • § 131E-119   No waiver of rights
    No facility may require a patient to waive the rights specified in this Part. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
  • § 131E-120   Notice to patient
    (a) A copy of G.S. 131E‑115 through G.S. 131E‑127 shall be posted conspicuously in a public place in all facilities. Copies of G.S. 131E‑115 through...
  • § 131E-121   Responsibility of administrator
    Responsibility for implementing the provisions of this Part shall rest on the administrator of the facility. (1977, c. 897, s. 1; 1983, c. 775, s.
  • § 131E-122   Staff training
    Each facility shall provide appropriate staff training to implement each patient's rights included in this Part. (1977, c. 897, s. 1; 1983, c. 775, s.
  • § 131E-123   Civil action
    Every patient shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Part. The Department, a general...
  • § 131E-124   Enforcement and investigation; confidentiality
    (a) The Department shall be responsible for the enforcement of the provisions of this Part. The Department shall investigate complaints made to it and reply...
  • § 131E-125   Revocation of a license
    (a) The Department shall have the authority to revoke a license issued pursuant to G.S. 131E‑102 in any case where it finds that there has...
  • § 131E-126   Repealed by Session Laws 1987, c. 600, s. 1
  • § 131E-127   No interference with practice of medicine or physician-patient relationship
    Nothing in this Part shall be construed to interfere with the practice of medicine or the physician‑patient relationship. (1977, c. 897, s. 1; 1983, c....
  • § 131E-128   Nursing home advisory committees
    (a) It is the purpose of the General Assembly that community advisory committees work to maintain the intent of this Part within the nursing homes...
  • § 131E-128.1   Nursing home medication management advisory committee
    (a) Definitions. As used in this section, unless the context requires otherwise, the term: (1) "Advisory committee" means a medication management committee established under this...
  • § 131E-128.2   Nursing home quality assurance committee; duties related to medication error prevention
    Every nursing home administrator shall ensure that the nursing home quality assurance committee develops and implements appropriate measures to minimize the risk of actual and...
  • § 131E-128.3   Staff orientation on medication error prevention
    The nursing home administrator shall ensure that the nursing home provide a minimum of one hour of education and training in the prevention of actual...
  • § 131E-128.4   Nursing home pharmacy reports; duties of consultant pharmacist
    (a) The consultant pharmacist for a nursing home shall conduct a drug regimen review for actual and potential drug therapy problems in the nursing home...
  • § 131E-128.5   Medication-related error reports
    (a) The Secretary of Health and Human Services shall contract with a public or private entity to develop and implement a Medication Error Quality Initiative....
  • § 131E-129   Penalties
    (a) Violations classified. The Department shall impose an administrative penalty in accordance with provisions of this Part on any facility's licensee which is found to...
  • § 131E-130   First available bed priority for certain nursing home patients
    (a) If a patient is temporarily absent, for no more than 15 days, from a nursing home to obtain medical treatment at a hospital other...
  • § 131E-131   Rule-making authority; enforcement
    The Commission shall adopt rules necessary for the implementation of this Part. The Department shall enforce the rules adopted by the Commission to implement this...
  • § 131E-132   Reserved for future codification purposes
  • § 131E-133   Reserved for future codification purposes
  • § 131E-134   Reserved for future codification purposes
  • § 131E-135   Title; purpose
    (a) This Part shall be known as "Home Care Agency Licensure Act." (b) The purpose of this Part is to establish licensing requirements for home...
  • § 131E-136   Definitions
    As used in this Part, unless otherwise specified: (1) "Commission" means the North Carolina Medical Care Commission. (1a) "Geographic service area" means the geographic area...
  • § 131E-137   Services to be provided in all counties
    (a) Every county shall provide part‑time, intermittent home care nursing services, and at least one of the following home care services: part‑time, intermittent physical therapy,...
  • § 131E-138   Licensure requirements
    (a) No person or governmental unit shall operate a home care agency without a license obtained from the Department. Nothing in this Part shall be...
  • § 131E-138.1   Licensure fees for nursing beds and adult care home beds in continuing care retirement communities
    The Department shall charge continuing care retirement communities licensed under Article 64 of Chapter 58 of the General Statutes that have nursing home beds or...
  • § 131E-139   Adverse action on a license
    (a) The Department may suspend, revoke, annul, withdraw, recall, cancel or amend a license when there has been a substantial failure to comply with the...
  • § 131E-140   Rules and enforcement
    (a) The Commission may adopt, amend and repeal all rules necessary for the implementation of this Part and Part 3A of Article 6 of this...
  • § 131E-141   Inspection
    (a) The Department shall inspect home care agencies in accordance with rules adopted by the Commission to determine compliance with the provisions of this Part...
  • § 131E-141.1   Penalties for violation
    Any person who knowingly and willfully establishes, conducts, manages or operates any home care agency without a license is guilty of a Class 3 misdemeanor...
  • § 131E-142   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department shall, in the manner provided by law, maintain an action in the name...
  • § 131E-143   Smoking prohibited; penalty
    (a) A home care agency shall prohibit its employees from smoking while providing services to an individual in the individual's home. The home care agency...
  • § 131E-144   Reserved for future codification purposes
  • § 131E-144.1   Legislative intent
    It is the intent of the General Assembly to support an individual's desire to live at home and receive home care services. (2005‑276, s. 10.40A(n).)
  • § 131E-144.2   Definitions
    Unless otherwise specified, the definitions that are provided in Part 3 of Article 6 of this Chapter apply in this Part. (2005‑276, s. 10.40A(n).)
  • § 131E-144.3   Declaration of home care clients' rights
    Each client of a home care agency shall have the following rights: (1) To be informed and participate in his or her plan of care....
  • § 131E-144.4   Notice to client
    (a) During the agency's initial evaluation visit or before furnishing services, a home care agency shall provide each client with the following: (1) A copy...
  • § 131E-144.5   Implementation
    Responsibility for implementing the provisions of this Part shall rest with the home care agency director. Each agency shall provide appropriate training to implement this...
  • § 131E-144.6   Enforcement and investigation
    (a) The Department of Health and Human Services shall be responsible for enforcing the provisions of this Part. The Department shall investigate complaints made to...
  • § 131E-144.7   Confidentiality
    (a) The Department of Health and Human Services may inspect home care clients' medical records maintained at the agency when necessary to investigate any alleged...
  • § 131E-145   Title; purpose
    (a) This Part shall be known as the "Ambulatory Surgical Facility Licensure Act." (b) The purpose of this Part is to provide for the development,...
  • § 131E-146   Definitions
    As used in this Part, unless otherwise specified: (1) "Ambulatory surgical facility" means a facility designed for the provision of a specialty ambulatory surgical program...
  • § 131E-147   Licensure requirement
    (a) No person shall operate an ambulatory surgical facility without a license obtained from the Department. (b) Applications shall be available from the Department, and...
  • § 131E-148   Adverse action on a license
    (a) Subject to subsection (b), the Department is authorized to deny a new or renewal application for a license, and to amend, recall, suspend or...
  • § 131E-149   Rules and enforcement
    (a) The Commission is authorized to adopt, amend and repeal all rules necessary for the implementation of this Part. These rules shall be no stricter...
  • § 131E-150   Inspections
    (a) The Department shall make or cause to be made inspections of ambulatory surgical facilities as necessary. The Department is authorized to delegate to a...
  • § 131E-151   Penalties
    A person who owns in whole or in part or operates an ambulatory surgical facility without a license is guilty of a Class 3 misdemeanor,...
  • § 131E-152   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name...
  • § 131E-153   Reserved for future codification purposes
  • § 131E-154   Reserved for future codification purposes
  • § 131E-154.1   Title; purpose
    (a) This Part shall be known as "Nursing Pool Licensure Act". (b) The purpose of this Part is to establish licensing requirements for nursing pools....
  • § 131E-154.2   Definitions
    As used in this Part, unless the context clearly implies otherwise: (1) "Commission" means the North Carolina Medical Care Commission. (2) "Department" means the Department...
  • § 131E-154.3   Licensing
    (a) No person shall operate or represent himself to the public as operating a nursing pool without obtaining a license from the Department. (b) The...
  • § 131E-154.4   Rules and enforcement
    (a) The Commission shall adopt, amend, and repeal all rules necessary for the implementation of this Part. These rules shall include the following requirements: (1)...
  • § 131E-154.5   Inspections
    The Department shall inspect all nursing pools that are subject to rules adopted pursuant to this Part in order to determine compliance with the provisions...
  • § 131E-154.6   Adverse action on a license; appeal procedures
    (a) The Department may suspend, revoke, annul, withdraw, recall, cancel, or amend a license when there has been a substantial failure to comply with the...
  • § 131E-154.7   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may maintain an action in the name of the State for injunctive relief...
  • § 131E-154.8   Confidentiality
    (a) Notwithstanding G.S. 8‑53 or any other law pertaining to confidentiality of communications between physician and patient, in the course of an inspection conducted pursuant...
  • § 131E-154.9   Reserved for future codification purposes
  • § 131E-154.10   Reserved for future codification purposes
  • § 131E-154.11   Reserved for future codification purposes
  • § 131E-154.12   Title; purpose
    (a) This Part shall be known as the "North Carolina New Organizational Vision Award (NC NOVA) Special Licensure Designation." (b) The purpose of this Part...
  • § 131E-154.13   Definitions
    The following definitions apply in this Part, unless otherwise specified: (1) Independent Review Organization. The organization responsible for the application, review, and determination process for...
  • § 131E-154.14   NC NOVA program established
    (a) The Department of Health and Human Services shall establish the NC NOVA program. (b) The Department shall adopt rules to implement the NC NOVA...

Article 7 - Regulation of Emergency Medical Services.

  • § 131E-155   Definitions
    As used in this Article, unless otherwise specified: (1) "Ambulance" means any privately or publicly owned motor vehicle, aircraft, or vessel that is specially designed,...
  • § 131E-155.1   EMS Provider License required
    (a) No firm, corporation, or association shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to provide emergency medical services or transport...
  • § 131E-156   Permit required to operate ambulance
    (a) No person, firm, corporation, or association, either as owner, agent, provider, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or...
  • § 131E-157   Standards for equipment; inspection of equipment and supplies required for ambulances
    (a) The Commission shall adopt rules specifying equipment, sanitation, supply and design requirements for ambulances. (b) The Department shall inspect each ambulance for compliance with...
  • § 131E-158   Credentialed personnel required
    (a) Every ambulance when transporting a patient shall be occupied at a minimum by all of the following: (1) At least one emergency medical technician...
  • § 131E-159   Credentialing requirements
    (a) Individuals seeking credentials as an emergency medical technician, emergency medical technician‑intermediate, emergency medical technician‑paramedic, medical responder, emergency medical dispatcher, or emergency medical services instructor...
  • § 131E-160   Exemptions
    All of the following vehicles are exempt from the provisions of this Article: (1) Privately owned vehicles not used in the business of transporting patients....
  • § 131E-161   Violation declared misdemeanor
    It shall be the responsibility of the EMS provider to ensure that the ambulance operation complies with the provisions of this Article and all rules...

Article 7A - Statewide Trauma System Act of 1993.

Article 8 - Cardiac Rehabilitation Certification Program.

  • § 131E-165   Title; purpose
    (a) This Article shall be known as the "Cardiac Rehabilitation Certification Program." (b) The purpose of this Article is to provide for the development, establishment,...
  • § 131E-166   Definitions
    As used in this Article, unless otherwise specified: (1) "Cardiac Rehabilitation Program" means a program certified under this Article for the delivery of cardiac rehabilitation...
  • § 131E-167   Certificate requirement
    (a) Applications for certification shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that...
  • § 131E-168   Adverse action on a certificate
    (a) Subject to subsection (b), the Department is authorized to deny a new or renewal certificate and to suspend or revoke an existing certificate upon...
  • § 131E-169   Rules and enforcement
    (a) The Department is authorized to adopt, amend, and repeal all rules as may be designed to further the accomplishment of this Article. (b) The...
  • § 131E-170   Inspections
    (a) The Department shall make or cause to be made inspections of Cardiac Rehabilitation Programs as it deems necessary. The Department is empowered to delegate...
  • § 131E-171 through 131E-174   Reserved for future codification purposes

Article 9 - Certificate of Need.

  • § 131E-175   Findings of fact
    The General Assembly of North Carolina makes the following findings: (1) That the financing of health care, particularly the reimbursement of health services rendered by...
  • § 131E-176   Definitions
    As used in this Article, unless the context clearly requires otherwise, the following terms have the meanings specified: (1) "Adult care home" means a facility...
  • § 131E-177   Department of Health and Human Services is designated State Health Planning and Development Agency; powers and duties
    The Department of Health and Human Services is designated as the State Health Planning and Development Agency for the State of North Carolina, and is...
  • § 131E-178   Activities requiring certificate of need
    (a) No person shall offer or develop a new institutional health service without first obtaining a certificate of need from the Department; provided, however, no...
  • § 131E-179   Research activities
    (a) Notwithstanding any other provisions of this Article, a health service facility may offer new institutional health services to be used solely for research, or...
  • § 131E-180   Repealed by Session Laws 2005-325, s. 2, effective August 26, 2005
  • § 131E-180.1   Expired
  • § 131E-181   Nature of certificate of need
    (a) A certificate of need shall be valid only for the defined scope, physical location, and person named in the application. A certificate of need...
  • § 131E-182   Application
    (a) (For expiration date see note) The Department in its rules shall establish schedules for submission and review of completed applications. The schedules shall provide...
  • § 131E-183   Review criteria
    (a) The Department shall review all applications utilizing the criteria outlined in this subsection and shall determine that an application is either consistent with or...
  • § 131E-184   Exemptions from review
    (a) Except as provided in subsection (b), the Department shall exempt from certificate of need review a new institutional health service if it receives prior...
  • § 131E-185   Review process
    (a) Repealed by Session Laws 1987, c. 511, s. 1. (a1) Except as provided in subsection (c) of this section, there shall be a time...
  • § 131E-186   Decision
    (a) Within the prescribed time limits in G.S. 131E‑185, the Department shall issue a decision to "approve," "approve with conditions," or "deny," an application for...
  • § 131E-187   Issuance of a certificate of need
      (a) The Department shall issue a certificate of need within 35 days of the date of the decision referenced in G.S. 131E‑186, when no...
  • § 131E-188   Administrative and judicial review
    (a) After a decision of the Department to issue, deny or withdraw a certificate of need or exemption or to issue a certificate of need...
  • § 131E-189   Withdrawal of a certificate of need
    (a) The Department shall specify in each certificate of need the time the holder has to make the service or equipment available or to complete...
  • § 131E-190   Enforcement and sanctions
    (a) Only those new institutional health services which are found by the Department to be needed as provided in this Article and granted certificates of...
  • § 131E-191   Repealed by Session Laws 1987, c. 511, s. 1
  • § 131E-192   Reserved for future codification purposes

Article 9A - Certificate of Public Advantage.

  • § 131E-192.1   Findings
    The General Assembly of North Carolina makes the following findings: (1) That technological and scientific developments in hospital care have enhanced the prospects for further...
  • § 131E-192.2   Definitions
    The following definitions apply in this Article: (1) "Attorney General" means the Attorney General of the State of North Carolina or any attorney on his...
  • § 131E-192.3   Certificate of public advantage; application
    (a) A hospital and any person who is a party to a cooperative agreement with a hospital may negotiate, enter into, and conduct business pursuant...
  • § 131E-192.4   Procedure for review; standards for review
    (a) The Department shall review an application in accordance with the standards set forth in subsection (b) of this section and shall hold a public...
  • § 131E-192.5   Issuance of a certificate
    If the Department determines that the likely benefits of a cooperative agreement outweigh the likely disadvantages attributable to reduction of competition as a result of...
  • § 131E-192.6   Objection by Attorney General
    If the Attorney General is not persuaded that an applicant has demonstrated by clear and convincing evidence that the benefits likely to result from the...
  • § 131E-192.7   Record keeping
    The Department shall maintain on file all cooperative agreements for which certificates of public advantage are in effect and a copy of the certificate, including...
  • § 131E-192.8   Review after issuance of certificate
    If at any time following the issuance of a certificate of public advantage, the Department or the Attorney General has questions concerning whether the parties...
  • § 131E-192.9   Periodic reports
    (a) During the time that a certificate is in effect, a report of activities pursuant to the cooperative agreement must be filed every two years...
  • § 131E-192.10   Right to judicial action
    (a) Any applicant or other person aggrieved by a decision to issue or not issue a certificate of public advantage is entitled to judicial review...
  • § 131E-192.11   Fees for applications and periodic reports
    (a) The Department and the Attorney General shall establish a schedule of fees for filing an application for a certificate of public advantage and for...
  • § 131E-192.12   Department and Attorney General authority
    The Department and Attorney General shall have the necessary powers to adopt rules to conduct a review of applications for certificates of public advantage and...
  • § 131E-192.13   Effects of certificate of public advantage; other laws
    (a) Activities conducted pursuant to a cooperative agreement for which a certificate of public advantage has been issued are immunized from challenge or scrutiny under...
  • § 131E-193 through 131E-199   Reserved for future codification purposes

Article 10 - Hospice Licensure Act.

  • § 131E-200   Title; purpose
    This Article shall be known as the "Hospice Licensure Act." The purpose of this Article is to establish licensing requirements for hospices. (1983 (Reg. Sess.,...
  • § 131E-201   Definitions
    As used in this Article, unless a different meaning or construction is clearly required by the context: (1) "Commission" means the North Carolina Medical Care...
  • § 131E-202   Licensing
    (a) The Commission shall adopt rules for the licensing and regulation of hospices, hospice inpatient facilities, and hospice residential care facilities pursuant to this Article...
  • § 131E-203   Coverage
    (a) Except as provided in subsection (b) of this section, no person or other entity shall operate or represent himself or itself to the public...
  • § 131E-204   Inspections
    The Department shall inspect all hospices that are subject to rules adopted pursuant to this Article in order to determine compliance with the provisions of...
  • § 131E-205   Adverse action on a license; appeal procedures
    (a) The Department may suspend, revoke, cancel, or amend a license when there has been a substantial failure to comply with this Article or with...
  • § 131E-206   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may maintain an action in the name of the State for injunctive relief...
  • § 131E-207   Confidentiality
    (a) Notwithstanding G.S. 8‑53 or any other law relating to confidentiality of communications between physician and patient, in the course of an inspection conducted under...
  • § 131E-208   Reserved for future codification purposes
  • § 131E-209   Reserved for future codification purposes

Article 11 - North Carolina Medical Database Commission.

Article 11A - Medical Care Data.

  • § 131E-214   Title and purpose
    (a) This Article is the Medical Care Data Act. (b) The General Assembly finds that, as a result of rising medical care costs and the...
  • § 131E-214.1   Definitions
    As used in this Article: (1) "Division" means the Division of Health Service Regulation of the Department of Health and Human Services. (2) "Freestanding ambulatory...
  • § 131E-214.2   Data submission required
    Except as prohibited by federal law or regulation, each hospital and freestanding ambulatory surgical facility shall submit patient data to a statewide data processor within...
  • § 131E-214.3   Patient data not public records
    (a) The following are not public records under Chapter 132 of the General Statutes: (1) Patient data furnished to and maintained by a statewide data...
  • § 131E-214.4   Statewide data processor
    (a) A statewide data processor shall perform the following duties: (1) Make available annually to the Division, at no charge, a report that includes a...
  • § 131E-214.5 through 131E-214.10   Reserved for future codification purposes

Article 12 - Disclosure and Contract Requirements for Continuing Care Facilities.

Article 13 - Temporary Management of Long-Term Care Facilities.

  • § 131E-230   Legislative findings
    The General Assembly finds that: (1) A substantial number of citizens of this State now reside, or in the future may reside, in long‑term care...
  • § 131E-231   Definitions
    As used in this Article, unless otherwise specified: (1) "Long‑term care facility" means a nursing home as defined in G.S. 131E‑101(6) and an adult care...
  • § 131E-232   Who may petition; contents of petition
    The Department may petition a court of competent jurisdiction to appoint a temporary manager to operate a long‑term care facility. The petition shall set forth...
  • § 131E-233   Procedures for appointment; evidence in defense
    (a) The procedure for petitioning the superior court for the appointment of a temporary manager, including service of process shall be in accordance with the...
  • § 131E-234   Grounds for appointment of temporary manager
    Upon a showing by the Department that one or more of the following grounds exist, the court may appoint a temporary manager for an initial...
  • § 131E-235   Alternative to appointment of temporary manager
    (a) After the hearing described in G.S. 131E‑233(b), if the court finds that the evidence warrants the granting of the relief sought and the respondent...
  • § 131E-236   Compensation of temporary manager
    The court shall set the compensation of the temporary manager. (1993, c. 390, s. 1.)
  • § 131E-237   Candidates for temporary managers
    In the petition the Department shall nominate at least one candidate for temporary manager and shall include the name, address, and qualifications of each nominee....
  • § 131E-238   Temporary manager; powers and duties
    A temporary manager appointed under this section: (1) May exercise those powers and shall perform those duties ordered by the court; (2) Shall operate the...
  • § 131E-239   Plan for correction of deficiencies in excess of one thousand dollars ($1,000)
    (a) If the temporary manager determines that it is necessary to correct a deficiency or deficiencies in the structure or furnishings reasonably estimated by the...
  • § 131E-240   Payment to temporary manager
    (a) A person served with notice of an order of the court appointing a temporary manager and of the temporary manager's name and address shall...
  • § 131E-241   Avoidance of preexisting leases, mortgages, and contracts
    (a) A temporary manager shall not be required to honor any lease, mortgage, secured transaction, or other wholly or partially executory contract entered into by...
  • § 131E-242   Contingency fund
    (a) The Department may maintain a temporary management contingency fund. (b) Upon a showing that proper expenses of the temporary management under this Article exceed...
  • § 131E-243   Review and termination of temporary management
    (a) The operations and continuing need for a temporary manager shall be reviewed by the court every 30 days following the appointment of the temporary...
  • § 131E-244   Accounting lien for expenses
    (a) Within 30 days after termination of the temporary management, the temporary manager shall give the court a complete accounting of: (1) All property of...
  • § 131E-245   Obligations of licensee
    Nothing in this Article shall relieve any respondent, licensee, or administrator of a long‑term care facility placed in temporary management of any civil or criminal...
  • § 131E-246   Conflict of laws
    In the event of a conflict between federal laws or regulations and State law or rules, the federal laws or regulations shall control. (1993, c....
  • § 131E-247   Reserved for future codification purposes
  • § 131E-248   Reserved for future codification purposes
  • § 131E-249   Reserved for future codification purposes

Article 14 - Disposal of Surplus Property to Aid Other Countries.

Article 15 - Health Care Personnel Registry.

  • § 131E-255   Nurse Aide Registry
    (a) Pursuant to 42 U.S.C. 1395i‑3(e) and 42 U.S.C. 1396r(e), the Department shall establish and maintain a registry containing the names of all nurse aides...
  • § 131E-256   Health Care Personnel Registry
    (a) The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities...
  • § 131E-256.1   Adverse action on a license; appeal procedures
    (a) The Department may suspend, cancel, or amend a license when a facility subject to this Article has substantially failed to comply with this Article...

Article 15A - Public Hospital Personnel Act.

Article 16 - Miscellaneous Provisions.

Article 17 - Provider Sponsored Organization Licensing.

  • § 131E-275   General provisions
    (a) The General Assembly acknowledges that section 1855, et seq., of the federal Social Security Act permits provider sponsored organizations that are organized and licensed...
  • § 131E-276   Definitions
    As used in this Article, unless the context clearly implies otherwise, the following definitions apply: (1) "Affiliated provider" means a health care provider that is...
  • § 131E-277   Direct or indirect sharing of substantial financial risk
    In order for sponsoring providers to directly or indirectly share substantial financial risk in the PSO, the PSO shall do one or more of the...
  • § 131E-278   Applicability of other laws
    Unless otherwise required by federal law, provider sponsored organizations licensed pursuant to the terms of this Article are exempt from all regulation under Chapter 58...
  • § 131E-279   Approval
    (a) Unless otherwise required by federal law, the Division shall be the agency of the State that shall license provider sponsored organizations that seek to...
  • § 131E-280   Applicants for license
    Each application for licensing as a provider sponsored organization authorized to do business in North Carolina shall be certified by an officer or authorized representative...
  • § 131E-281   Additional information
    (a) In addition to the information filed under G.S. 131E‑280, each application shall include a description of the following: (1) The program to be used...
  • § 131E-282   Issuance of license
    (a) Before issuing a PSO license, the Division may make an examination or investigation as it deems expedient. The Division shall issue a license after...
  • § 131E-283   Financial plan
    (a) The financial plan shall include the following: (1) A detailed marketing plan; (2) Statements of revenue and expense on an accrual basis; (3) Cash...
  • § 131E-284   Modifications
    (a) A provider sponsored organization shall file a notice describing any significant change in the information required by the Division under G.S. 131E‑280. Such notice...
  • § 131E-285   Deposits
    (a) At the time of application, the Division shall require a deposit of one hundred thousand dollars ($100,000) in cash or securities or a combination...
  • § 131E-286   Ongoing financial standards Net worth
    (a) Beginning the first day of operation of the PSO and except as otherwise provided in subsection (d) of this section, every PSO shall maintain...
  • § 131E-287   PSO Reporting
    (a) The PSO shall file with the Division financial information relating to PSO solvency standards described in this Article, according to the following schedule: (1)...
  • § 131E-288   Liquidity
    (a) Each PSO shall have sufficient cash flow to meet its obligations as they become due. In determining the ability of a PSO to meet...
  • § 131E-289   Minimum of net worth that must be in cash or cash equivalents
    (a) Except as otherwise provided in subsection (b) of this section, each PSO shall, on an ongoing basis, maintain a minimum net worth in cash...
  • § 131E-290   Prohibited practice
    (a) No provider sponsored organization or sponsoring provider, unless licensed as an insurer under Chapter 58 of the General Statutes may use in its name,...
  • § 131E-291   Collaboration with local health departments
    A provider sponsored organization and a local health department shall collaborate and cooperate within available resources regarding health promotion and disease prevention efforts that are...
  • § 131E-292   Coverage
    (a) Provider sponsored organizations subject to this Article shall provide coverage for the medically appropriate and necessary services specified under the PSO's Medicare contract. (b)...
  • § 131E-293   Rates
    Rates charged by provider sponsored organizations to the Medicare program and charges by PSOs and sponsoring providers for items or services to beneficiaries shall be...
  • § 131E-294   Additional consumer protection and quality standards
    Unless otherwise preempted by federal law or mandated by the Medicare program, the Division shall apply to provider sponsored organizations the same standards and requirements...
  • § 131E-295   Powers of insurers and medical service corporations
    Notwithstanding any provision of the insurance and hospital or medical service corporation laws contained in Articles 1 through 67 of Chapter 58 of the General...
  • § 131E-296   Examinations
    The Division may make an examination of the affairs of any provider sponsored organization and the contracts, agreements, or other arrangements pursuant to its health...
  • § 131E-297   Hazardous financial condition
    (a) Whenever the financial condition of any provider sponsored organization indicates a condition such that the continued operation of the provider sponsored organization might be...
  • § 131E-298   Protection against insolvency
    (a) The Division shall require deposits in accordance with the provisions of G.S. 131E‑285. (b) If a provider sponsored organization fails to comply with the...
  • § 131E-299   Hold harmless agreements or special deposit
    (a) Unless the PSO maintains a special deposit in accordance with subsection (b) of this section, each contract between every PSO and a participating provider...
  • § 131E-300   Continuation of benefits
    The Division shall require that each PSO have a plan for handling insolvency, which plan allows for continuation of benefits for the duration of the...
  • § 131E-301   Insolvency
    (a) In the event of an insolvency of a PSO upon order of the Division, all providers that were sponsoring providers of the PSO within...
  • § 131E-302   Replacement coverage
    (a) Any carrier providing replacement coverage with respect to hospital, medical, or surgical expense or service benefits, within a period of 60 days from the...
  • § 131E-303   Incurred but not reported claims
    (a) Every PSO shall, when determining liability, include an amount estimated in the aggregate to provide for any unearned premium and for the payment of...
  • § 131E-304   Suspension or revocation of license
    (a) The Division may suspend, revoke, or refuse to renew a PSO license if the Division finds that the PSO: (1) Is operating significantly in...
  • § 131E-305   Administrative procedures
    (a) When the Division has cause to believe that grounds for the denial of an application for a license exist, or that grounds for the...
  • § 131E-306   Expired
  • § 131E-307   Penalties and enforcement
    (a) The provisions of G.S. 58‑2‑70, modified to replace the word "Commissioner" by the word "Division", applies to this Article. The Division may, in addition...
  • § 131E-308   Statutory construction and relationship to other laws
    (a) Except as otherwise provided in this Article, provisions of the insurance laws and provisions of hospital or medical service corporation laws shall not be...
  • § 131E-309   Filings and reports as public documents
    Except for information that constitutes a bona fide trade secret, proprietary information or competitively sensitive information of a sponsoring provider or parent of a sponsoring...
  • § 131E-310   Confidentiality of medical information
    Any data or information pertaining to the diagnosis, treatment, or health of any beneficiary or applicant obtained from the person or from any provider by...
  • § 131E-311   Conflicts; severability
    To the extent that the provisions of this Article may be in conflict with any other provision of this Chapter, the provisions of this Article...
  • § 131E-312   Regulations
    This Article shall be self‑implementing. No later than six months after the date of enactment of this Article, the Division may adopt rules consistent with...
  • § 131E-313   Utilization review and grievances
    Unless otherwise preempted by federal law or mandated by the Medicare program, the provisions of G.S. 58‑50‑61 and G.S. 58‑50‑62 apply to a PSO licensed...
  • § 131E-314   Division Reporting
    The Division of Medical Assistance of the Department of Health and Human Services shall report quarterly to the Joint Legislative Health Care Oversight Committee on...